How do you address a stop work order in NYC?
Quick Answer
A stop work order is not a dead end. It is a directive with a process attached, and the process has a clear finish line: the order comes off once the cited condition is corrected and the penalties are settled. What follows walks through the five steps in order, so you can see the whole path before you take the first step. This guide is general information about NYC procedure, not legal advice for your specific order.
The five steps, one at a time
Select a step to see what it involves. The steps run roughly in order, though correcting the condition and settling the penalties usually happen in parallel.
Step 1 of 5
Full or partial changes everything
A full stop work order halts all construction at the site. A partial order stops only the specific work the inspector cited, and other work may continue. Emergency and safeguarding work, the work needed to keep the site and the public safe, is generally excepted from both. Confirm which type you have before you decide anything else.
- Locate the posted order and read exactly what it stops.
- Full order: all work stops until the order is lifted.
- Partial order: only the cited work stops; other trades may continue.
- Safeguarding and emergency work is generally excepted from both.
Full versus partial: what your crew can do
Before anything else, confirm which kind of order you have. It decides what work can legally continue while you work on lifting it.
Full stop work order
All construction work at the site stops until the order is lifted. Nobody keeps building around a full order.
- All trades stand down.
- Safeguarding and emergency work is generally excepted.
- Work resumes only after the order is rescinded.
Partial stop work order
Only the specific work the inspector cited stops. Other work at the site may continue while you resolve the cited item.
- Only the cited work halts.
- Uncited trades may keep going.
- Read the order carefully to see exactly what is covered.
Penalties are paid before the order lifts, not after.
Under NYC Admin Code §28-207.2.2, working in violation of a stop work order carries a civil penalty of $5,000 for the initial violation and $10,000 for each subsequent violation, and those penalties are payable before the order is rescinded.
§28-207.2.3 lets the commissioner rescind the order on application once the condition that gave rise to it is corrected and the penalties and fines are paid, or security is posted. DOB re-inspects, and when the department is satisfied the order comes off.
Questions owners ask first
Keep reading
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information about NYC procedure and is not legal advice. Contacting Nacmias Law Firm does not create an attorney-client relationship.